GONZALEZ v. ELRAC, INC.


291 A.D.2d 332 (2002)

737 N.Y.S.2d 849

ISABEL GONZALEZ et al., Respondents, v. ELRAC, INC., et al., Appellants, and INEZ GONZALEZ, Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 26, 2002.


The trial court properly allowed an eyewitness to opine as to the speed of appellant's car in miles per hour, any question as to the witness's opportunity to observe and judge such speed going to the weight of his testimony rather than its admissibility (see, Marcucci v Bird, 275 App Div 127, 129). The trial court properly recalled its original, signed judgment, which had not yet been entered and contained numerous ministerial errors (CPLR 5019 [a]; see, Kiker v...

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